Burlington & Missouri River Railroad v. Board of Commissioners
Nebraska Supreme Court
This was an appeal from the district court of Lancaster county, being tried there before Pound, J. 1. A railroad and all its appurtenances are treated in law as one entire thing, and cannot .be taxed or sold for taxes in parcels. The Toledo & Wabash R. R. Oo. v. Oily of Lafcvyette, 22 Ind., 262. North Hampton Ooumty v. Lehigh Goal Oo., 75 Penn. St., 461. Iiilliard on Taxation.
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This was an appeal from the district court of Lancaster county, being tried there before Pound, J. 1. A railroad and all its appurtenances are treated in law as one entire thing, and cannot .be taxed or sold for taxes in parcels. The Toledo & Wabash R. R. Oo. v. Oily of Lafcvyette, 22 Ind., 262. North Hampton Ooumty v. Lehigh Goal Oo., 75 Penn. St., 461. Iiilliard on Taxation. New Haven R. R. v. Hayden, 117 Mass., 433. 2. • The. right of way, including depot grounds, is taken for public use, and we only hold an easement in the same. Kellog v. Mali/n, 50 Mo., 496. 1 Redfield on Railroads, 249,…
1Opinion of the CourtMaxwell, J.
On the first day of April, 1870, the state of Nebraska, through the governor thereof, sold and conveyed to the plaintiff the following described real estate in the city of Lincoln, for depot grounds, viz.: “ Bounded on the north by S street, on the west by fifth street, on the south by O street, and on the east by seventh street, said tract being about 1,400 feet in length by 700 in width.”
Said tract has not been laid off into lots and blocks, but is known and described in the plat of the city as “ depot grounds.”
It appears from a plat on file in the case, that a number of the side tracks of…
2Cases cited1 opinion
- Atchison & Nebraska Railroad v. WashburnNebraska Supreme Court · 1876
3Cited by3 opinions
- Burlington & Missouri River Railroad v. Board of County CommissionersNebraska Supreme Court · 1883
- Red Willow County v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1889
- Adams County v. Kansas City & Omaha Railway Co.Nebraska Supreme Court · 1904